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the argument is extremely relevant. depending on the artificiality of how gender is determined at birth for intersex people, how they self-identify may not conform with how they were "gendered". for many of these people being asked to declare a gender so as to judge their qualification for a opposite gendered marriage is unfair. with the legalization of same sex marriage, gender is no longer an element in the marital equation, therefore sparing intersexed and transgendered individuals the trouble of choosing and declaring a gender to get married.